Employment Contracts and Job Offers

A job offer whether written or oral will become an employment contract if the job offer is accepted. Everyone who has a job has an employment contract.

Employee Resignations

An employee who intends to resign must provide his or her employer with reasonable notice of resignation.

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Termination Without Cause

Termination of employment in Ontario can occur in two different ways: (i) termination without cause; or (ii) termination for cause.

Termination for Cause

Being terminated for cause has been described as the capital punishment crime of employment law.¹ Sometimes referred to as termination for just cause, the employee is not provided with notice of dismissal or a severance package.

Wrongful Dismissal

A wrongful dismissal occurs when an employer either: (i) terminates an employee without cause but fails to provide the employee with sufficient notice of dismissal; or (ii) terminates an employee for cause

Constructive Dismissal

A constructive dismissal is defined as follows: if an employer makes a substantial change to the terms of an employee’s employment without the employee’s consent or demonstrates an intention to not longer be bound..

The Duty to Mitigate

The duty to mitigate requires a plaintiff who has suffered a loss as a result of a defendant’s breach of contract to take reasonable steps to lessen or alleviate that loss.

Moral Damages

Termination of employment can be emotionally devastating. However, a dismissed employee is not entitled to receive moral damages for mental distress that he or she may suffer as a result of the dismissal.

Punitive Damages

The objective of the court in a civil action (such as a wrongful dismissal action) is to compensate the plaintiff for his or her loss. It is normally not to punish the defendant.

Employers’ Corner

An employer faced with an employee with performance issues should consider the following when developing a response to the problem employee

Employees’ Corner

If you have been placed on a performance improvement plan (PIP) or who otherwise believe that you may be terminated for cause from you employment you should take proactive steps to protect your interests.

If you want legal advice that is specific for your case, book a consultation today.

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Testimonial

If you are reading this letter, than this probably isn't the best point in your life. I know it wasn't for me when I first met Phil. While not to get too deep into the weeds on my own situation, as yours may differ than mine, rest assured that you have taken the right first baby step.

When I first met with Phil back in April of 2018, my world had collapsed with the loss of my job,(and later subsequently my fiancé, home, friends and in part my identity as well and my life in Canada). As they say time is money and you think and practice what to say in the allotted time you have with a prospective attorney but with Phil it was different, he never looked at his watch or the clock. I felt and believed that he genuinely cared, I still believe that to this day. We chose each other and I paid the retainer, which oddly enough I felt better about things as I knew there was finally help.

The conversations, motions, mediations and emails moved forward over the next year but what truly struck me is the impressive level of communication, even on the weekends. There were personal dark periods during this time which Phil was always a sounding board, which I always tried to keep that time to a minimum but Phil wanted to hear it all. In the end I settled out of court but I can tell you that opposing counsel hated Phil and would often refer to him in a not so pleasant light, to put it mildly, which I view as a great point. While in time you will arrive at your own decision, know that if you choose Phil White he will have your back and your best intentions in his mind and heart.